to him. And if he was carried by his command, and was entered into it, he violates the oath; because he entered it by choice, so it is similar to if he had entered it while riding. And if he was carried without his command, but he was able to refrain and did not refrain, he also violates the oath; because he entered it not under compulsion, so it is similar to if he was carried by his command. Abu al-Khattab said: There are two views regarding the violation; one of them is that he does not violate it, because he did not perform the act of entering, nor did he command it, so it is similar to if he were unable to refrain. Whenever he enters by his own choice, he violates it, whether he was walking, riding, being carried, or if he threw himself into water and it dragged him into it, or he swam in it and entered it, [whether he entered] through its door, climbed over its wall, entered through a window in it, dug through its wall and entered from its rear, or otherwise.

Section: And if he was compelled by beating and the like to enter it, and he entered it, he does not violate the oath, according to one of the two views, and this is one of the two opinions of Al-Shafi'i. In the other [view], he violates it. This is the opinion of the People of Opinion, and something similar is narrated from Al-Nakha'i, because he [entered it and] did what he had sworn to refrain from. Our evidence is the saying of the Prophet (peace be upon him): "My nation is excused for what is done by mistake, out of forgetfulness, and that which they are forced to do." And because he entered it under compulsion, so it is similar to if he was carried while compelled.

Section: And if he climbed onto its roof, he violates the oath. This is the opinion of Malik, Abu Thawr, and the People of Opinion. Al-Shafi'i said: He does not violate it. And his followers have two views regarding if the roof was walled/fenced; they argued that the roof protects it from heat and cold and secures it, so it is like its walls. Our evidence is that the roof of the house is part of it, and its ruling is the same as its ruling, so he violates it by entering it, like the fenced area, or as if he had entered between its walls. The proof of that is that I'tikaf (seclusion for worship) is valid on the roof of the mosque, [and I'tikaf is only valid in the mosque], and a person in a state of janaba (major ritual impurity) is prohibited from remaining in it, and if he swore that he would certainly leave...